Section 3.04.910. Procedures for appeals and fact-finding hearings.  


Latest version.
  • 	(a)  If an appeal is brought under AS 06.26.910, or on the department's own motion, the department will refer the appeal in accordance with AS 44.64.060 to the office of administrative hearings. However, a person may not obtain a hearing solely due to the person's status as a customer. In accordance with AS 44.64.030(a)(5) and 44.64.060(a),  
    		(1) the procedures set out in 2 AAC 64.100 - 2 AAC 64.990 apply to an appeal conducted under this section, unless they conflict with an applicable provision of AS 06;  
    		(2) to the extent that they do not conflict with 2 AAC 64.100 - 2 AAC 64.990, the procedures set out in 3 AAC 01.010 apply to an appeal conducted under this section; and  
    		(3) to the extent that a provision of 2 AAC 64.100 - 2 AAC 64.990 conflicts with AS 06,  a provision in 3 AAC 01.010, if any, addressing the same subject matter as the provision in conflict applies to an appeal conducted under this section.  
    	(b)  If an application for a proposed trust company under AS 06.26.090 and 3 AAC 04.130, acquisition of control of a trust company under AS 06.26.460 and 3 AAC 04.330, or a conversion, merger, or consolidation under AS 06.26.650 - 06.26.660 is opposed, the department will refer the opposition in accordance with AS 44.64.060 to the office of administrative hearings for a final administrative order. In accordance with AS 44.64.030(a)(5) and 44.64.060(a),  
    		(1) the procedures set out in 2 AAC 64.100 - 2 AAC 64.990 apply to a fact-finding hearing conducted under this section, unless they conflict with an applicable provision of AS 06;  
    		(2) to the extent that they do not conflict with 2 AAC 64.100 - 2 AAC 64.990, the procedures set out in 3 AAC 01.010(c) - (i) and 3 AAC 01.020(b) apply to a fact-finding hearing conducted under this section; and  
    		(3) to the extent that a provision of 2 AAC 64.100 - 2 AAC 64.990 conflicts with AS 06,  a provision in 3 AAC 01.010(c) - (i) and 3 AAC 01.020(b), if any, addressing the same subject matter as the provision in conflict applies to an appeal conducted under this section.  
    

Authorities

06.01.030;06.26.900;06.26.910

Notes


Reference

3 AAC 04.540
Authority
AS 06.01.030 AS 06.26.900 AS 06.26.910
History
Eff. 3/29/2008, Register 185